As the reactions to the illegal decision of the High Electoral Board (YSK) regarding the presidential referendum on April 16 continue growing, İzmir and İstanbul bar associations filed the criminal complaints against YSK for ‘official misconduct’.
In the statement of İzmir bar association declared by Aydın Özcan, the head of the association, it is said that the decision of the YSK regarding the counting of the unsealed ballot papers as valid was illegal and this action was against the neutrality of the electoral board causing a blemish on the presidential referendum on April 16.
Saying that this decision constitutes the elements of ‘official misconduct’ crime, Özcan added that ‘the decision of the YSK to count the unstamped ballot papers as valid was against the law’ and reminded that only a few hours before its unlawful decision, electoral board itself had actually posted a message to the attention of the polling officers emphasizing the importance of ‘not forgetting to use the official stamps to mark the ballot papers and envelopes as it would otherwise be considered as void.’
Stating that the unsealed ballot papers are invalid according to the relevant legislation, Özcan determined that "YSK did not consider unsealed ballots of citizens living abroad as valid, whereas considering domestic unsealed ballot of citizens as valid. Within the same election, the same official institution has made two different practices. Ballot papers and envelopes were stamped after the voting process. Due to the failure of YSK to perform its duties, the elections were conducted and concluded against the principle of equality of the constitution, and particularly the principle of ‘free election’. The decision taken by YSK is illegal and illicit, and the use of the authority pertaining to the Grand National Assembly means the extortion of function and the de facto repeal of the constitution’s relevant clauses."
Earlier on April 19, İstanbul bar association also announced that it files a criminal complaint against elections board, the head of YSK, Sadi Güven and its members for ‘altering the result of the referendum’ and ‘misconduct in office’.
In the complaint filed by the İstanbul bar association, it is stated that there is a clear provision decreeing the unsealed ballot papers and envelopes must be considered void, referring to Article 98 of law on elections. The complaint also includes that "the Head of YSK, Sadi Güven and his members committed the electoral crime by intervening the legally determined electoral procedures beyond their authorities by being incongruent to the circular. The YSK has violated the law and attempted to alter the results on purpose."
